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policy

The use of “I regret my abortion” as an argument against legalized abortion is nothing new, but I’ve been seeing it a lot lately in pro-life protests, such as this one at the Texas Capitol. (Yes, that is a man you see there with the sign.)

There are many things that are infuriating about this tactic, such as its implication that your own emotions can be used to legislate everyone else’s reproductive rights and its blatant appeal to emotion rather than reason (“But I regret my abortion! Look how sad I am! Wouldn’t you want to keep others from being so sad?”).

An argument like this also makes it really easy for pro-choicers to look like insensitive assholes, because our position is, simplistically, that your feelings about your own abortion don’t really matter in this debate. They don’t.

Of course, I care about people’s emotions. If having an abortion is going to be something you regret deeply for the rest of your life, I agree that you, personally, should not have an abortion. If you have already had an abortion and you regret it as painfully as these protesters do, then I think you should see a counselor who can help you.

But I don’t think your regret has any relevance whatsoever in public policy, and I think the argument from regret is completely baseless. Here’s why.

1. Humans do plenty of utterly regrettable things that we nevertheless don’t legislate.

This is, of course, the really obvious point. People regret plenty of their sexual experiences, but we don’t make those illegal (well…some try). People put dumb things on the internet that they shouldn’t and that follow them around forever, but it’s not illegal to put dumb things that follow you around forever on the internet. I’m no Libertarian, but I do essentially believe that people should be free (within reason) to make this own dumb shitty choices and learn from them on their own.

There are plenty of regrettable things that we legally regulate, but not because people feel bad about them later–because they have negative consequences that extend beyond an individual person’s regret (see below).

There are also regulations that prevent businesses from keeping people from amending their poor decisions after the fact, but that’s also not the same thing.

2. In fact, conservatives make fun of liberals for this shit.

Well, for what they perceive to be this shit. Conservatives and Libertarians are always attacking things like soda bans and cigarette taxes by claiming that the Nanny State is trying to save us from ourselves. Of course, the rationale for policies like these isn’t “Yeah but but you’ll regret it later!!”; it’s the fact that soda and cigarettes and trans fats have tremendous public health consequences. I don’t know how I feel about these policies yet, but the point is that the pro-lifers are doing the exact same thing they perceive liberals to be doing (whether or not that is actually what liberals are doing).

Two years postabortion, 301 (72%) of 418 women were satisfied with their decision; 306 (69%) of 441 said they would have the abortion again; 315 (72%) of 440 reported more benefit than harm from their abortion; and 308 (80%) of 386 were not depressed.

The researchers noted, “Most women do not experience psychological problems or regret their abortion 2 years postabortion, but some do. Those who do tend to be women with a prior history of depression.”

On the contrary, people who get abortions tend to report feeling happy or relieved. If pro-lifers could only develop some theory of mind and imagine how another person might feel, they would realize that ending a pregnancy that you didn’t want, that has health risks for you, or that is going to produce a child that you don’t have the resources of willingness to raise would be a relief.

Of course, the fact that most people who get abortions don’t regret them doesn’t mean that nobody does. (Indeed, that’s…how the word “most” works.) At that point, you get into the dicey question of what exactly the proportion of abortion patients who later regret it must be to justify banning abortion. Clearly it doesn’t need to be a majority by their reasoning. Or I’m being overly charitable and they don’t realize that the plural of “anecdote” is not “data.”

4. When people do regret abortions, what actually causes that regret?

I don’t have data on this so I’m just speculating, but I wouldn’t be surprised if the stigma of abortion and of accidental pregnancy and of being a woman who does not want children (right now or ever) plays a role. The actual cost of abortion probably plays a role, too.

It could also be that you really want the baby, but realize that you’re not in a good place to raise a child right now. Someone in this situation could certainly regret their abortion a lot, but that doesn’t necessarily mean it was the wrong decision.

Tragically, people are sometimes pressured or coerced into getting abortions. This is more of an issue in places like China than it is in the United States, but it happens. I personally know of a few cases like this.

Forcing a partner to get an abortion is abuse. The problem here is not with the abortion itself; it’s with the fact that someone’s partner is abusing them. Abuse can, of course, go in many directions. Sometimes people’s partners prevent them from using birth control and thus force them to get pregnant; likewise, the problem here isn’t with pregnancy itself, but with the abuse that caused it.

Pro-lifers are aware of coerced abortions and use them as a pro-life argument. For instance, abortion restrictions often require having the patient sign a waiver stating that they were not coerced into getting the abortion. While this seems like a positive step to help ensure that abuse isn’t playing a part, it’s important to remember that the point of these laws is to restrict access to abortion and reduce the number of abortions, not to protect victims of abuse.

The fact that some people regret abortions and that some people are coerced into getting abortions is not an argument against abortion; it’s an argument against the factors that contribute to that regret, such as stigma, financial consequences, and abuse.

Here’s the thing. For some people, getting an abortion is a difficult, painful decision that will lead to regret and doubt no matter what they choose. It’s a big decision! Sometimes people get pregnant accidentally and find themselves sort of wanting to have the baby but they just can’t support a child and they need to finish school and there’s just no way.

But for other people–possibly the majority of people, it seems–an abortion is just a medical procedure like any other. It’s unpleasant and unavoidable and they’re just glad to get it over with, but it’s necessary, just like the vast majority of medical procedures you’re going to have in your life.

You can’t use the emotions of a minority of people to legislate the rights of everyone else, no matter how legitimate, strong, and real those emotions are.